Present: John Badger (Chairman), Diane Hardy (Town Planner), Rick McMenimen, Justin Normand (Alternate), Janice Rosa, Adam Schroadter (Alternate), George Willant
Absent: Eric Botterman (Town Council Representative),Peter Roy (Vice-Chairman), Val Shelton, all excused.
Chairman Badger called the meeting to order at 7:04 p.m.
Pledge of Allegiance
Chairman Badger appointed Justin Normand to sit in for Val Shelton and Adam Schroadter to sit in for Vice-Chairman Peter Roy.
Public Comments
No Comments.
Review and Approval of Minutes: May 18, 2010 & May 24, 2010
May 18, 2010
Action
Motion: Rick McMenimen made a motion to approve the minutes from the May 18, 2010 meeting.
Seconded: Justin Normand
Vote: All in favor – Janice Rosa and George Willant abstained.
Janice Rosa and George Willant abstained from the vote because they had not been present at the meeting.
The minutes from May 24, 2010 were not approved.
Regular Business
Update on work at Newmarket Mills, LLC and Developer’s Agreement
Town Planner Diane Hardy explained the roadway improvements are under construction. Mr. Chinburg has hired Severino Construction for the curbing, driveway and realignment of the roadway. This is in reference to the Planning Board condition of approval that all curbing work be done by May 31, 2010. The downtown is in mint condition due to the coordination between Mr. Chinburg and the Town. The Town was able to do the final paving on Main Street.
Town Planner Diane Hardy explained the ADA accessible ramp in front of the Riverdale property needs to be redesigned due to the grade changes in excess of minimum requirements. Mr. Chinburg’s engineer is currently working on this redesign element. She is waiting on clarification from PSNH on the costs associated with the removal of the remaining utility poles. Once that figure is determined, the developer’s agreement can be signed. Underwood Engineers has been contracted as the construction review engineer. The parking lot site work is scheduled to begin this fall. There has been a favorable agreement with Rivermoor Landing relative to the easements.
George Willant asked about the pedestrian bridge. Town Planner Diane Hardy explained the Town will hire an engineer to develop the specifications and coordinate the construction, with the next phase of the development of the mills. Mr. Chinburg is providing a financial match for the project, but the project will be municipally managed. She explained the New Hampshire Department of Transportation has sent official word Newmarket has received the grant. Municipal agreements are being drafted. Engineering and design will begin in October with construction to follow.
Town Planner Diane Hardy explained there is confusion regarding when the utility poles need to be down. The original approval stated within 120 days of the Town completing its underground work. The Town completed this work as of February 1st. She explained, if that was the intent then, as of June 1st, the poles should have been removed. Mr. Chinburg needs to complete his underground work, before the poles can be removed. The condition, as worded, is vague and reads: “The removal of overhead wires along Main Street shall be done within 120 days of the Town’s completion of undergrounding of the wires.” She sought clarification from the Planning Board and members of the Technical Review Committee.
George Willant explained, as a member of the Technical Review Committee (TRC), he did not understand the four poles could not come down, because the removal of those poles was conditioned upon Mr. Chinburg completing his work. The Committee wanted to make sure that all required work within the right-of-way was completed so as to not interfere with the Town’s paving of the roadway.
Chairman Badger noted Mr. Chinburg is asking for 90 days to complete this work. Town Planner Diane Hardy agreed stating Mr. Chinburg has agreed to complete the necessary work by September 18, 2010. Rick McMenimen noted, as an alternate to the TRC, he recalled the situation as George Willant did.
Town Planner Diane Hardy explained she has reviewed this request with Project Coordinator Julie Glover, Town Administrator Ed Wojnowski, and Phil MacDonald from Underwood Engineers. There does not seem to be a problem with allowing the deadline of September 18th.
Town Planner Diane Hardy explained she will draft language to clarify the utility poles and overhead wiring along Main Street will be removed within 120 days from the date the New Hampshire Department of Transportation (DOT) permit was received or September 18, 2010 whichever came first.
Action
Motion: George Willant made a motion to provide Newmarket Mills LLC the requested time extension in order for overhead wires and poles to be removed. This extension expires within 120 days of receipt of the NH Department of Transportation permit or September 18, 2010 whichever occurs first.
Seconded: Rick McMenimen
Vote: All in favor
Janice Rosa asked about the cost for maintaining the pedestrian bridge. Town Planner Diane Hardy explained the developer has agreed Newmarket Mills LLC , or the new condominium association, will be responsible for maintaining the pedestrian bridge.
30 Day Time Extension of Approval of Hickory Pond Partners, LLC Subdivision
Town Planner Diane Hardy explained this subdivision was approved about a year ago. She has been working with Mr. Catapano, from Hickory Pond Partners, LLC. They had come before the Board in December 2009 asking for a six-month extension and have been working hard to meet the conditions of the approval. The developer’s agreement is the only outstanding item at this time. All permits have been received; the easement language has been worked out with legal; the Town Engineer has provided his approval on the performance guarantee amount; there is an operation and maintenance plan in place for erosion control and storm water management; and the letter of credit from the bank has been finalized. She recommended the Board grant the 30-day extension to allow for the completion of the developer’s agreement.
Frank Catapano asked if the letter from the Fire Chief has been received yet. Town Planner Diane Hardy noted she had sent a letter, but will follow up. Frank Catapano asked if the requirement of that letter could be waived, if the letter is not received since an honest attempt at obtaining the letter has been made.
Town Planner Diane Hardy explained street numbers have been assigned to the subdivision.
Action
Motion: George Willant made a motion to grant Hickory Pond Partners, LLC’s request for a 30 day extension from today.
Seconded: Janice Rosa
Vote: All in favor
New/Old Business
Review of Consultant’s Proposal Regarding the Review and Update of the Impact Fee Ordinance
Chairman Badger noted the Impact Fee Ordinance was last revised ten years ago. Town Planner Diane Hardy noted she wanted to provide a cost estimate for the scope of work. She has spoken with Town Administrator Ed Wojnowski about the possibility of using impact fees to fund the study. She recommended creating a subcommittee to work with the staff to create an RFP for hiring a consultant. The subcommittee could help with the evaluation of proposals and determine what the study will include. She would like to include representatives from the CIP Committee, and department heads directly impacted by impact fees to serve on the committee. Under the terms of the Town’s current Impact Fee Ordinance adopted in 2001, the Planning Board is supposed to review the ordinance every five years. This review should include the scheduling and methodology of calculating the impact fees and adjustments and revisions should be made as appropriate. This is important to do, because impact fees could be challenged legally if not reviewed and updated periodically.
Adam Schroadter asked how many hours were spent during the previous study and asked if the proposed number of hours were in line. Town Planner Diane Hardy noted she could ask for a more detailed proposal. There are other groups that do studies like this as well.
Chairman Badger asked if this would go to the Town Council before the Planning Board could contract with the consultant. Town Planner Diane Hardy noted Town Administrator was aware of this and would be identifying possible funding sources.
Chairman Badger noted since the Board did not have full membership tonight, he would like to postpone appointments to the subcommittee in case there is interest among the missing members. Rick McMenimen and George Willant expressed their interest in participating on the subcommittee.
Chairman Badger asked Town Planner Diane Hardy to begin drafting the RFP. When the subcommittee is formed, it can begin with the review of the draft. Town Planner Diane Hardy noted she would also look into the process for approval. Chairman Badger hoped by the July meeting the subcommittee would be appointed.
Update on Community Shopping Center at 3 North Main Street
Town Planner Diane Hardy explained she spoke with Mr. Landry today, from 3 North Main Street. Mr. Landry indicated he is still actively working on the project. They had not been aware of the extent of wetlands towards the back of the property. Mr. Landry has spoken with a prospective tenant for a possible drug store use, but they had been unable to reach an agreement. He is currently speaking with other potential tenants with varying interests including a 20,000 square foot site in the front of the property. The wetlands are a concern; there would be an 80,000 square feet wetlands impact, which would impact the original design greatly. Mr. Landry is working with the New Hampshire Department of Environmental Services on minimizing the impact with mitigation plans. The development will need to be closer to the street and scaled down in size. Mr. Landry continues to evaluate alternative plans for the site. He would still like to make the project work. Diane Hardy has provided information on zoning and encouraged Mr. Landry to come before the Planning Board for further consultation, if needed.
The Planning Board recessed from 7:43 p.m. until 7:46 p.m.
Town Planner Diane Hardy she has received more information from Amanda Stone relative to the Piscataqua Regional Estuarine Partnership grant she spoke about during the May meeting. This grant program does not fund general planning studies for drainage and storm water. She noted the development of water quality storm water regulations, however, can be funded. George Willant suggested the Board move in that direction. The Planning Board agreed.
Adjournment
Action
Motion: Janice Rosa made a motion to adjourn at 7:49 p.m.
